1. A. All mental health and drug or alcohol abuse treatment information, whether written or recorded, and all communications between a physician or psychotherapist and a patient are both privileged and confidential. In addition, the identity of all persons who have received or are receiving mental health or drug or alcohol abuse treatment services shall be considered confidential and privileged. Such information shall only be available to persons or agencies actively engaged in the treatment of the patient or in related administrative work.

   Such information shall not be disclosed to anyone not involved in the treatment or related administrative work without a valid written release or an order from a court of competent jurisdiction. If the patient is a minor child, the written consent of the parent, as defined by the Inpatient Mental Health Treatment of Children Act, is required; provided, however, confidential information may be released as provided by Sections 7005-1.1 through 7005-1.3 of Title 10 of the Oklahoma Statutes.

2. B. The restrictions on disclosure shall not apply to the following:

   1. 1. Communications between facilities pursuant to a qualified service agreement as provided by a contract with the Department to provide mental health or substance abuse treatment services;
   2. 2. When failure to disclose the information presents a serious and imminent threat to the health and safety of any person;
   3. 3. Communications to law enforcement officers that are directly related to a commission of a crime by a patient on the premises of a facility or against facility personnel or to a threat to commit such a crime, and that are limited to the circumstances of the incident, including the patient status of the individual committing or threatening to commit the crime, the name and address of that individual, and the last-known whereabouts of that individual;
   4. 4. Reporting under state law of incidents of suspected child abuse and neglect to the appropriate authorities;
   5. 5. Disclosure of information about a patient to those persons within the criminal justice system which have made participation in the program a condition of the disposition of any criminal proceedings against the patient or of the parole or other release of the patient; and

   6. 6. Disclosure of patient-identifying information to medical personnel who have a need for information about a patient for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention.

      Disclosures under this subsection shall be limited to the minimum information necessary to accomplish the intended purpose of the disclosure.

3. C. A person who is or has been a patient of a physician, psychotherapist, mental health facility, a drug or alcohol abuse treatment facility or service, other agency for the purpose of mental health or drug or alcohol abuse care and treatment shall not be entitled to personal access to psychotherapy notes or progress notes unless such access is consented to by the treating physician or practitioner or is ordered by a court. Access to such information shall be provided to the patient in a manner consistent with the best interests of the patient as determined by the person in charge of the care and treatment of the patient.
4. D. The restrictions on disclosure of mental health or drug or alcohol abuse treatment information shall not restrict the disclosure of patient-identifying information related to the cause of death of a patient under laws requiring the collection of death or other vital statistics or permitting inquiry into the cause of death. Any other disclosure regarding a deceased patient shall require either a court order or a written release of an executor, administrator, or personal representative appointed by the court, or if there is no such appointment, by the spouse of the patient or, if none, by any responsible member of the family of the patient. "Responsible family member" means the parent, adult child, adult sibling, or other adult relative who was actively involved in providing care to or monitoring the care of the deceased patient as verified by the physician, psychologist or other person responsible for the care and treatment of such person.

5. E. A valid written release for disclosure of mental health or drug or alcohol abuse treatment information shall have the following elements:

   1. 1. The specific name or general designation of the program or person permitted to make the disclosure;
   2. 2. The name or title of the individual or the name of the organization to which disclosure is to be made;
   3. 3. The name of the patient;
   4. 4. The purpose of the disclosure;
   5. 5. A description of the information to be disclosed;
   6. 6. The dated signature of the patient and, if a guardian has been appointed for the patient, the guardian of the patient and, when required for a patient who is a minor, the signature of a person authorized to give consent;
   7. 7. A statement of the right of the patient to revoke the release in writing and a description of how the patient may do so;
   8. 8. An expiration date, event or condition if not revoked before, which shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given;
   9. 9. A statement that the information may be subject to redisclosure by the recipient resulting in the information no longer being protected; and
   10. 10. If the release is signed by a person authorized to act for a patient, a description of the authority of such person to act.

Laws 1987, HB 1204, c. 168, § 3, eff. November 1, 1987; Amended by Laws 1990, SB 866, c. 51, § 25, emerg. eff. April 9, 1990; Amended by Laws 1991, HB 1532, c. 102, § 1, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 41, eff. July 1, 1993; Amended by Laws 1997, HB 1302, c. 195, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 2002, SB 1624, c. 488, § 3, eff. November 1, 2002 (superseded document available).